Pennsylvania Raw Butter Regulation Advances: Final Publication Expected by Mid-2026
The Pennsylvania Department of Agriculture has advanced a regulatory amendment to 7 Pa. Code Chapter 59a, the Milk Sanitation regulations, that would allow licensed raw milk producers to produce and sell raw butter legally in the state. According to the Governor’s Office Regulatory Agenda published January 31, 2026, final publication of the rule is expected in Q2 2026.
The proposal cleared a major procedural milestone on March 19, 2025, when the Pennsylvania Independent Regulatory Review Commission (IRRC) unanimously approved the final regulation. Publication in the Pennsylvania Bulletin, which makes any regulation effective, remains the final step.
What the Regulation Would Do
The Chapter 59a amendment has three components. For raw dairy permit holders in Pennsylvania, it would authorize the Department of Agriculture to issue raw butter permits to any entity already holding a raw milk permit. Farms currently licensed to sell raw milk would gain a legal pathway to offer raw butter without applying for a separate licensing category.
The regulation also lowers the maximum permissible somatic cell count for milk and makes technical updates to the existing milk sanitation code.
This is a regulatory amendment, not legislation. The change is being advanced through the executive rulemaking process under the Department of Agriculture’s existing authority and does not require action from the General Assembly.
A Prior Legislative Attempt
In May 2024, state Representative David Zimmerman introduced House Bill 2293, which would have authorized raw milk permit holders to sell a broader range of products including butter, kefir, cream, and yogurt, provided they complied with Agriculture Department regulations. That bill did not advance out of the House Agriculture and Rural Affairs Committee.
The regulatory route now being pursued achieves a more targeted version of the same objective without requiring legislative action. Rather than the General Assembly, the Department of Agriculture moved to amend its own milk sanitation code, running the change through the IRRC.
HB 2293 would have covered a wider product range. The Chapter 59a amendment is limited to butter. Whether additional raw dairy products are addressed through the same regulatory channel in subsequent rulemaking has not been indicated.
Current Pennsylvania Raw Dairy Law
Pennsylvania has allowed on-farm and retail sales of raw milk under a Department of Agriculture permit for decades. The state is home to more than 100 licensed raw milk farms. Under the current framework, permit holders may sell raw fluid milk and hard cheese aged a minimum of 60 days. Other value-added dairy products, including cream, butter, kefir, and yogurt, are not covered by a raw milk permit.
The Chapter 59a amendment would extend the existing permit framework to cover butter specifically. Farms holding a raw milk permit could apply for a raw butter permit, subject to the same inspection, sampling, and testing requirements applied to raw milk.
The Regulatory Timeline
Pennsylvania’s rulemaking process moves through several stages before a regulation takes effect:
- Agency drafting:Â the Department of Agriculture develops the proposed rule
- IRRC review:Â the Independent Regulatory Review Commission reviews and votes
- Legislative committee review:Â the House and Senate Agriculture committees have a 20-day window after IRRC approval
- Attorney General review:Â the Office of Attorney General reviews the final regulation
- Pennsylvania Bulletin publication:Â the rule is published and takes effect
The IRRC unanimously approved the Chapter 59a amendment in March 2025. Based on the Governor’s Office Regulatory Agenda published January 31, 2026, final Bulletin publication is expected in Q2 2026, roughly April through June of this year.
National Context
Several states have expanded their raw dairy product frameworks in recent years. California, Maine, and New Hampshire permit licensed sales of raw butter alongside fluid milk under existing state law. An overview of raw milk laws by state is available for reference.
Utah expanded its raw dairy access framework in 2025 and 2026, with changes to its retail licensing rules drawing coverage as one of the more active recent state-level reforms.
If the Pennsylvania regulation is published on the Q2 2026 timeline, permitted farms could begin applying for raw butter permits as early as this summer.
A directory of farms currently permitted to sell raw milk across Pennsylvania is organized by city and county.
Regulatory status reflects information current as of March 2026. This page will be updated when the Chapter 59a amendment is published in the Pennsylvania Bulletin and takes effect.
